Patna High CourtCR. MISC./52175/2018bail granted

Md. Naushad Alam @ Naushad Alam v. The State Of Bihar

2019-04-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52175 of 2018 Arising Out of PS. Case No.-260 Year-2017 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Md. Naushad Alam @ Naushad Alam Son of Late Mahmood Alam, Resident of Mohalla-Sadpura Main Road, P.S.-Kazi Mohammadpur, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanchay Srivastava For the Opposite Party/s :

Mr.Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 304B/34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 01-12-2017. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case. There is no other substantive

Patna High Court CR. MISC. No.52175 of 2018(5) dt.12-04-2019 2/2 evidence to suggest the implication of the petitioner in the present case. The independent witnesses examined in paragraphs-96 & 97 of the case diary, have stated that the deceased committed suicide. It is not a case for offence under Section 304B of the Indian Penal Code. At best, it is a case u/S 306 of the Indian Penal Code.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 260 of 2017.

(Sudhir Singh, J) A.K.V.//- U T